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DE FACTO RELATIONSHIPS ACT 1991

Table of Provisions

PART 1--PRELIMINARY MATTERS

PART 2--POWER OF COURTS TO DECLARE EXISTENCE OF RELATIONSHIPS, TO DECLARE AND ADJUST INTERESTS IN PROPERTY, AND MAKE MAINTENANCE ORDERS

Division 1--Jurisdiction

  • 4 Supreme Court and Local Court to have jurisdiction  
  • 5 Limitation on jurisdiction of Local Court  
  • 6 Transfer from Local Court of proceedings exceeding jurisdictional limit  
  • 7 General power of transfer between courts  
  • 8 Stay or dismissal where proceedings instituted in 2 courts  
  • 9 Courts to act in aid of each other  

Division 2--Declarations

Division 3--Orders for adjustment of interests in property

  • 13 Application for order for adjustment  
  • 14 Time limit for making application  
  • 15 Conditions for making of order include living within Territory  
  • 16 Conditions for making of order include length of relationship  
  • 17 Relevant facts and circumstances  
  • 18 The order for adjustment  

Division 4--Special provisions with respect to applications and orders under Division 3

  • 19 Adjournment of application – likelihood of significant change in circumstances  
  • 20 Adjournment of application – proceedings in Family Court  
  • 21 Deferment of operation of order  
  • 22 Effect of death of party on application  
  • 23 Effect of death of party on order  

Division 5--Maintenance

Division 6--Supplementary

  • 36 Duty of court to end financial relationship  
  • 37 General powers of court for purposes of Part 2  
  • 38 Execution of instruments by order of court  
  • 39 Orders and injunctions in the absence of a party  
  • 40 Variation and setting aside of orders in special cases  
  • 41 Transactions to defeat claims  
  • 42 Interests of other persons  
  • 43 Enforcement of orders and injunctions  

PART 3--COHABITATION AGREEMENTS AND SEPARATION AGREEMENTS

  • 44 Validity of agreements  
  • 45 Effect of agreements in proceedings for adjustment of property rights or maintenance orders  
  • 46 Variation and setting aside of agreements  
  • 47 Disregarding of spent agreements in proceedings to adjust property rights or for maintenance orders  
  • 48 Death of partner – effect on periodic maintenance under agreements  
  • 49 Death of partner – effect on lump sum payments etc. under agreements  

PART 4--MISCELLANEOUS MATTERS

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